You have asked whether certain information is subject to required public disclosure under
the Texas Public Information Act, chapter 552 of the Government Code. Your request was
assigned ID# 133351.

You assert that the requested information is excepted from disclosure based on section
552.108 of the Government Code. Initially, we note that the documents include medical
records, which are subject to section 159.002 of the Occupations Code, known as the
Medical Practices Act ("MPA") in conjunction with section 552.101 of the Government
Code. As explained above, section 552.101 encompasses confidentiality provisions such as
the MPA. The MPA provides in relevant part:

(b) A record of the identity, diagnosis, evaluation, or treatment of a patient
by a physician that is created or maintained by a physician is confidential and
privileged and may not be disclosed except as provided by this chapter.

(c) A person who receives information from a confidential communication
or record as described by this chapter . . . may not disclose the information
except to the extent that disclosure is consistent with the authorized purposes
for which the information was first obtained.

The MPA requires that any subsequent release of medical records be consistent with
the purposes for which a governmental body obtained the records. Open Records Decision
No. 565 at 7 (1990). Thus, the MPA governs access to medical records. Open Records
Decision No. 598 (1991). Moreover, information that is subject to the MPA includes
both medical records and information obtained from those medical records. See Occ. Code
§ 159.002(a), (b), (c); Open Records Decision No. 598 (1991). We have marked the medical
records that appear in the submitted documents. You may release these records only in
accordance with the MPA. We note that because the requestor is the subject of the medical
records, she may have access to her own medical records provided she complies with the
access provisions of the MPA. See Occ. Code §§ 159.004(5), 159.005(1) (providing that
otherwise confidential medical information may be released to a person who bears a written
consent of the patient, subject to certain requirements).

Section 552.108 of the Government Code states that information held by a law enforcement
agency or prosecutor that deals with the detection, investigation, or prosecution of crime is
excepted from required public disclosure "if release of the information would interfere with
the detection, investigation, or prosecution of crime." Gov't Code § 552.108(a)(1). You
inform us that the requested information pertains to a pending case. We therefore believe
that the release of the information "would interfere with the detection, investigation, or
prosecution of crime." Id.

However, section 552.108 is inapplicable to basic information about an arrested person, an
arrest, or a crime. Gov't Code § 552.108(c). We believe such basic information refers to the
information held to be public in Houston Chronicle Publ'g Co. v. City of Houston, 531
S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536
S.W.2d 559 (Tex. 1976). Thus, with the exception of the basic front page offense and arrest
information, you may withhold the requested information from disclosure based on section
552.108(a)(1). We note that you have the discretion to release all or part of the remaining
information that is not otherwise confidential by law. Gov't Code § 552.007.

This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the
full benefit of such an appeal, the governmental body must file suit within 10 calendar days.Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney
general have the right to file suit against the governmental body to enforce this ruling.
Id. § 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should
report that failure to the attorney general's Open Government Hotline, toll free, at
877/673-6839. The requestor may also file a complaint with the district or county attorney.
Id. § 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Dep't of Public Safety v. Gilbreath, 842 S.W.2d 408, 411
(Tex. App.-Austin 1992, no writ).

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.